St. Landry democrat. (Opelousas, La.) 1878-1894, 1887-04-30

gers and freight pass over continuous lines
or routes operated by more than one COM
mon carrier. and the several common car
riers operating such lines or routes estab-
lish Joint tariffs of rates or fares or
charges fCt such continuous lines or
routes. cortes Of such joint tariffs shall
also, in Ike manner, be filed with said
commission Such joint rates, fares and
charges on such continuous lines so filed
as aforesaid shall be made public by such
common carriers when directed by said
commission, in SO far as may, i'll the judg-
ment of the commission, be deemed prac-
ticable; and said commission shall from
time to time prescribe the measure of pub
Lefty which shall be given to such rates,
fares and charges, or to such part OF them
as it may deem it practicable for such
common carriers to publish, and the
places in which they shall be published;
but no common carrier party to any such
Joint tariff shall be liable for the failure
of any other common carrier party there
to to observe and adhere to the rates, fares
or charges thus made and published
Failure to File or Publish Rates-Penal-
ties For.
If any such common carrier shall neg
niles or tariffs of rates, fares, and charges
as provided in this section, or any part OF
the same, such common carrier shall, in
addition to other penalties herein pre-
scribed. be subject to writ of mandamus,
to be issued by any circuit court OF the
United States in the judicial district
wherein the principal Office of said COM
mon carrier is situated Or wherein such
offense may be committed, and if such
common carrier be foreign corporation,
in the judicial district wherein such COM
mon carrier accepts traffic and has an
agent to perform such service, to compel
compliance with the aforesaid provisions
of this section and such writ shall issue
in the name of the people of the United
States, at the relation of the conmlS-
sioners appointed under the provisions OF
this act; and failure to comply with its
requirements shall be punishable as and
for q contempt; and the said commission
ers, as compliments, may also apply, IN
any such circuit court of the United
States, for writ of injunction against
such common carrier, to RESTRAIN such
common carrier from receiving or trans
porting property among the several states
and territories of the United States, or be-
tween the United States and adjacent for
eign countries, or between ports of trans
shipment and of entry in the several
states and territories of the United States,
as mentioned in the first section OF this
act, until such common carrier shall have
complied with the aforesaid provisions OF
this section of this act.
Combinations to Prevent Continuous Car
riage Prohibited.
Sec. z. That it shall be unlawful for
any common carrier subject to the pro-
visions of this act to enter into any COM
bination. contract, or agreement, ex-
pressed or implied, to prevent, by change
of time schedule, carriage in different
cars, or by any other means or devices,
the carriage Of freights from being con-
tinuous from the place of shipment to the
place of destination; and no break of bulk,
stoppage, or interruption made by such
common carrier shall prevent the carriage
of freights from being and being treated
as one continuous carriage from the place
of shipment to the place Of destination,
unless such break, stoppage, or Interrupt
ton was made in good faith for some
necessary purpose, and without any in
tent to avoid or unnecessarily interrupt
such continuous carriage or to eyade any
of the provisions of this act.
Liability for Damages.
Sec. 8. That in case any common car
rier subject to the provisions of this act
shall do cause to be done, or permit to be
done any act matter, or thing in this act
prohibited or declared to be unlawful, OF
shall omit to do any act, matter, or thing
in this act required to be done, such com
mon carrier shall be liable to the person OF
persons injured thereby for the full
amount of damages sustained in conse
quence of any such violation Of the pro
visions of this act, together with a reason
able counsel or attorneys fee, to be fixed
by the court in Every case OF recovery
which attorneys fee shall be taxed and
collected as part of the costs In the case.
COMPLAINT to Commissioners or Action
in Court-Testimony Compulsory.
Sec. 8. That any person or persons
claiming to be damaged by any common
carrier subject to the provisions Of this
act may either make complaint to the
commission as hereinafter provided for
or may bring suit in his Or their own be
half for the recovery of the damages fol-
which such common carrier may be liable
under the provisions of this act in any dis
Of competent jurisdictions; but such persfr
or persons shall not have the right to PR
sue both of such remedies, and must IL
each case elect which one of the tWe
methods of procedure herein provided fol
he or they will adopt. In any such action
brought for the recovery Of damages
the court before which the same shall bt
pending may compel any director, officer
receiver, trustee or agent of the corpora
ton or company defendant in such suit tx
attend, appear and testify in such case
and may compel the production OF thu
books and papers of such corporation o.
company party to suit; the claim that an!
such testimony or evidence may tend tx
crirninate the person giving such evidence
shall not excuse such witness from testl
flying, but such evidence or testimony
shall not be used against such person OF
the trial of any criminal proceeding.
Penalty for Violation of This Act.